The Free Software Foundation is reviewing Novell's right to sell new versions of Linux operating system software after the open-source community criticized Novell for teaming up with Microsoft. "The community of people wants to do anything they can to interfere with this deal and all deals like it. They have every reason to be deeply concerned that this is the beginning of a significant patent aggression by Microsoft," Eben Moglen, the Foundation's general counsel, said on Friday. Update: The FSF claims this is being hyped.

Not so. The agreement is null and void as you cannot sue a customer due to patent infringement.

It has and always will be the responsibility of the product developer/manufacturer to verify if they are infringing on any patents.

Think of the amount of confusion and uncertainty it would cause if suing customers for infringement where the case. It would damage all industries ability to sell in their product in a free, open market. No body, not even MS, wants this.